U.S. Tax Forms Sample Clauses
The U.S. Tax Forms clause requires parties to provide necessary tax documentation, such as IRS forms, to comply with U.S. tax laws and regulations. Typically, this involves submitting forms like the W-9 for domestic entities or the W-8BEN for foreign entities to confirm tax status and withholding requirements. By mandating the exchange of these forms, the clause ensures proper tax reporting and withholding, reducing the risk of penalties and ensuring compliance with federal tax obligations.
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U.S. Tax Forms. Without limiting the generality of the foregoing,
(i) any Lender that is a “United States person” as defined in Section 7701(a)(30) of the Internal Revenue Code shall deliver to the Borrower Parties and the Administrative Agent on or prior to the date on which such Lender becomes a Lender under this Credit Agreement (and from time to time thereafter upon the reasonable request of the Borrower Parties or the Administrative Agent), executed copies of IRS Form W-9 certifying that such Lender is exempt from U.S. federal backup withholding Tax;
(ii) any Foreign Lender shall deliver to the Borrower Parties and the Administrative Agent (in such number of copies as shall be requested by the recipient) on or prior to the date on which such Foreign Lender becomes a Lender under this Credit Agreement (and from time to time thereafter upon the request of the Borrower Parties or the Administrative Agent, but to the extent such Foreign Lender is legally entitled to do so), whichever of the following is applicable:
(A) in the case of a Foreign Lender claiming the benefits of an income tax treaty to which the United States is a party (x) with respect to payments of interest under any Loan Document, executed copies of IRS Form W-8BEN or IRS Form W-8BEN-E establishing an exemption from, or reduction of, U.S. federal withholding Tax pursuant to the “interest” article of such tax treaty and (y) with respect to any other applicable payments under any Loan Document, IRS Form W-8BEN or IRS Form W-8BEN-E establishing an exemption from, or reduction of, U.S. federal withholding Tax pursuant to the “business profits” or “other income” article of such tax treaty;
(B) duly completed copies of IRS Form W‑8ECI;
(C) in the case of a Foreign Lender claiming the benefits of exemption for portfolio interest under Section 881(c) of the Internal Revenue Code, (x) a certificate substantially in the form of Exhibit E to the effect that such Foreign Lender is not (1) a “bank” within the meaning of Section 881(c)(3)(A) of the Internal Revenue Code, (2) a “10 percent shareholder” of the Borrower Parties within the meaning of Section 881(c)(3)(B) of the Internal Revenue Code, or (3) a “controlled foreign corporation” described in Section 881(c)(3)(C) of the Internal Revenue Code; and (y) properly completed and executed copies of IRS Form W-8BEN or IRS Form W-8BEN-E (or a successor form), as applicable; or
(D) to the extent a Foreign Lender is not the beneficial owner, properly completed and execut...
U.S. Tax Forms. Without limiting the generality of the foregoing, Counterparty will provide a US Tax Form W-8BEN-E upon the execution of this Confirmation, promptly upon learning that any such tax form previously provided by it has become obsolete or incorrect and promptly upon reasonable demand by Dealer.
U.S. Tax Forms. (a) Each Finance Party that is a “United States person” within the meaning of Section 7701(a)(30) of the Internal Revenue Code shall deliver to each applicable Obligor and the Agent executed originals of US Internal Revenue Service Form W-9 or such other documentation or information prescribed by applicable law or reasonably requested by the applicable Obligor or the Agent as will enable such Obligor or the Agent, as the case may be, certifying to such Finance Party’s exemption from US backup withholding and/or information reporting requirements.
(b) Each Non-US Finance Party shall deliver to each applicable Obligor and the Agent (in such number of copies as shall be requested by the recipient) as soon as reasonably practicable following the date on which such Non-US Finance Party becomes a Finance Party under this Agreement, but no later than three Business Days prior to the date the first payment is due under the Finance Documents to that Non-US Finance Party (and from time to time thereafter upon the request of such Obligor or the Agent), whichever of the following is applicable:
(i) properly completed and duly executed originals of US Internal Revenue Service Form W-8BEN (claiming a complete exemption from United States withholding tax on payments made to such Non-US Finance Party pursuant to the Finance Documents under the benefits of an applicable income tax treaty);
(ii) properly completed and duly executed originals of US Internal Revenue Service Form W-ECI (claiming a complete exemption from United States withholding tax because payments made to such Non-US Finance Party pursuant to the Finance Documents are effectively connected with a US trade or business);
(iii) properly completed and duly executed originals of US Internal Revenue Service Form W-8IMY and all required supporting documentation (claiming a complete exemption from United States withholding tax because payments made to such Non-US Finance Party pursuant to the Finance Documents); or
(iv) in the case of a Non-US Finance Party claiming the benefits of the exemption for portfolio interest under Sections 871(h) or 881(c) of the Internal Revenue Code, (x) a certificate to the effect that such Non-US Finance Party is not (A) a “bank” within the meaning of Section 881(c)(3)(A) of the Internal Revenue Code, (B) a “10 percent shareholder” of the Borrower within the meaning of Section 881(c)(3)(B) of the Internal Revenue Code, or (C) a “controlled foreign corporation” described in Section 881...
U.S. Tax Forms. At the time of a Transfer or Assignment pursuant to Clause 30.3 (Assignment and Transfers by Banks) to a person which is not already a Bank hereunder and which is not a United States person (as such term is defined in Section 7701(a)(30) of the Internal Revenue Code) for U.S. federal income tax purposes, the Transferee or assignee Bank must provide the appropriate Internal Revenue Service Forms (and, if applicable, a Non-Bank Certificate) described in Clause 10.4 (U.S. Tax Forms).
U.S. Tax Forms. 10.1 The Paying Agent shall deliver to the Issuer two properly completed and executed originals of IRS Form W-9 (or appropriate successor form) upon entering into this agreement (and from time to time thereafter upon reasonable request of the Issuer). The Paying Agent agrees that if any form or certification that it previously delivered expires or becomes obsolete or inaccurate in any respect, it shall update such form or certification promptly or promptly notify the Issuer in writing of its legal inability to do so.
10.2 The terms of this Section 10 shall survive the termination of this Agreement.
U.S. Tax Forms. Each Holder, on or before the date it becomes a party to this Agreement and thereafter upon reasonable request of the Company, shall furnish to the Company, to the extent such Holder is legally eligible to do so, either a completed and signed IRS Form W-9 or IRS Form W-8BEN (or other applicable Form W-8, together with applicable attachments), as may be applicable, to claim a complete exemption from U.S. federal withholding tax. If you are in agreement with the foregoing, please sign the form of agreement on a counterpart of this Agreement and return it to the Company, whereupon this Agreement shall become a binding agreement between you and the Company. Very truly yours, DIAMOND STATE GENERATION PARTNERS, LLC By /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇▇▇▇ Title: President Note Purchase Agreement (Diamond State Generation Partners, LLC) This Agreement is hereby accepted and agreed to as of the date hereof. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY By: Babson Capital Management LLC, its investment adviser By /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇ Title: Managing Director Note Purchase Agreement (Diamond State Generation Partners, LLC) This Agreement is hereby accepted and agreed to as of the date hereof.
U.S. Tax Forms. (a) Except as provided below, each Bank that is a Treaty Lender or a U.S. Branch Lender, in either case in respect of a U.S. Obligor, must supply to the Agent, the U.S. Swingline Agent, and each U.S. Obligor two duly executed United States Internal Revenue Service Forms W-8BEN or W-8ECI (as appropriate) to enable that U.S. Obligor to make payments of interest to that Bank under the Finance Documents without any deduction or withholding in respect of any Tax in the United States.
(b) A Bank must comply with its obligations under paragraph (a) above as soon as practicable after the date it becomes a Party or (if later) the date the U.S. Obligor becomes a Party subject to having received written notification from the U.S. Obligor in reasonable time to enable it to comply with those obligations.
(c) A Bank is not obliged to supply any form under paragraph (a) above if it is unable to do so by reason of any change after the date of this Agreement in (or in the interpretation, administration or application of) any law or regulation (including a double taxation agreement) or any published practice or concession of any relevant taxing authority.
U.S. Tax Forms. (a) The Borrower hereby confirms to each Original Lender that it has made an election to be disregarded as an entity separate from Smithfield International Investments, Inc., a Delaware corporation, its single member owner, for US federal income tax purposes.
(b) Accordingly, each Lender that is not a United States person (as defined in Section 7701 (a)(30) of the Code) shall, to the extent permitted by law, deliver to the Agent for forwarding to the Borrower (on or before the date of the first payment of interest after such Lender becomes a party to this Agreement) a duly completed copy of Internal Revenue Service Form W-8BEN, or Form W-8ECI, if applicable, or any successor forms, or any other forms as may be necessary to establish a reduction in, or complete exemption from, US withholding tax on payments of interest on the Loans.
(c) To the extent that any such forms become obsolete as a result of lapse of time or change in circumstances, each Lender shall (promptly on the request of the Borrower in the case of such form becoming obsolete as a result of lapse of time), to the extent permitted by law, deliver to the Agent for forwarding to the Lenders, revised forms as may be necessary to establish a reduction in, or complete exemption from, US withholding tax on such payments.
(d) A Lender is not obliged to supply any form under paragraph (b) above if it is unable to do so by reason of any change after the date of this Agreement in (or in the interpretation, administration or application of) any law or regulation or any published practice or concession of any relevant taxing authority.
(e) The Borrower is not obliged to pay any Tax Payment to a Lender to the extent that the Tax Payment would not have been payable if that Lender had complied with its obligations under this Subclause.
U.S. Tax Forms. The Paying Agent shall deliver to the Company two properly completed and executed originals of IRS Form W-9 (or appropriate successor form) upon execution of this Sixth Supplemental Indenture (and from time to time thereafter upon reasonable request of the Company). The Paying Agent agrees that if any form or certification that it previously delivered expires or becomes obsolete or inaccurate in any respect, it shall update such form or certification promptly or promptly notify the Company in writing of its legal inability to do so.
U.S. Tax Forms. (a) Each Bank (other than any that is organised under the federal laws of, or the laws of any of, the United States of America or the District of Columbia) shall, subject to paragraph (c) below, deliver to each US Borrower and the Agent as soon as practicable and in any case within 30 days of the later of its Participation Date and the date on which the US Borrower becomes a Party (and prior to the expiry of any such form previously provided), the appropriate number of copies of duly executed US Internal Revenue Service Form 1001 or 4224, whichever is applicable (in each case together with a Form W-8, if required) or any successor to such relevant form allowing the US Borrower to make payments to that Bank without deduction or withholding in respect of taxes in the United States of America.
(b) Each Bank that is organised under the federal laws of, or the laws of any of, the United States of America of the District of Columbia shall, subject to paragraph (c) below, deliver to each US Borrower and the Agent as soon as practicable and in any case within 30 days of its Participation Date (and prior to the expiry of any such form previously provided) the appropriate number of copies of duly executed US Internal Revenue Service Form W-9 or any successor to such form.
(c) No Bank is obliged to deliver any form(s) under paragraph (a) or (b) above to the extent that the Bank is unable to do so, or it would be inappropriate for it to do so, as a result of the introduction of or any change in, or in the interpretation or application by any relevant authority of, any law or regulation or any practice or concession of the US Internal Revenue Service after the date of this Agreement.